BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018140 BOARD VOTE: _____x____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018140 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for the period from 11 February 1966 to 13 September 1968 * adding to item 24 of his DD Form 214 – * Army Good Conduct Medal (1st Award) * Vietnam Service Medal with one silver service star * Meritorious Unit Commendation * Republic of Vietnam Campaign Medal with Device (1960) * Republic of Vietnam Gallantry Cross with Palm Unit Citation ______________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160018140 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his authorized awards for service in the Republic of Vietnam. 2. The applicant states, in effect, his authorized awards for his Vietnam service were omitted from his DD Form 214. He served in Vietnam for 1 year, 7 months and 13 days. 3. The applicant provides his DD Form 214. . CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. On 11 February 1966 the applicant enlisted in the Regular Army. 3. His records contain his DA Form 20 (Enlisted Qualification Record) showing the following information: a. item 31 (Foreign Service) – service in the Republic of Vietnam from 31 January 1967 to 13 September 1968 [his expiration of term of service date]. b. item 38 (Record of Assignments) – while in the Republic of Vietnam he was assigned to 632nd (Heavy Equipment) Maintenance Company. c. item 38 – he received all "excellent" conduct and efficiency ratings throughout his service. (His record does not contain any derogatory information or a commander's disqualification statement that would have precluded him from receiving the first award of the Army Good Conduct Medal.) d. item 41 (Awards and Decorations) shows these awards – * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) 4. On 13 September 1968 he was honorably released from active duty in the rank/grade of specialist four (SP4)/pay grade E-4 and transferred to the U.S. Army Reserve. His DD Form 214 only shows the National Defense Service Medal as an authorized service medal in item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized). He completed 2 years, 7 months and 3 days of active service with 1 year, 7 months and 13 days of foreign service. 5. During the processing of this case, an inquiry was made to the U.S. Army Human Resources Command. An official conducted a search of the Awards and Decorations Computer Assisted Retrieval System (ADCARS), an index of general orders issued during the Vietnam era between 1965 and 1973, and failed to find general orders pertaining to the applicant. REFERENCES: 1. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures for the completion of the DD Form 214. Regarding award and decorations, it stated all decorations, service medals, campaign credits, and badges awarded or authorized would be reflected. The source document was the DA Form 20 and award orders. 2. Army Regulation 600-8-22 (Military Awards) prescribes the policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973. This same regulation states a bronze service star is authorized with the Vietnam Service Medal award for each Vietnam campaign a member is credited with participating in. A silver service star is authorized in lieu of five bronze service stars. Appendix B shows that during the applicant's service in Vietnam, participation credit was awarded for the following five campaigns: * Vietnamese Counteroffensive Phase II (1 July 1966 – 31 May 1967) * Vietnamese Counteroffensive Phase III (1 June 1967 – 29 January 1968) * Tet Counteroffensive (30 January – 1 April 1968) * Vietnamese Counteroffensive Phase IV (2 April – 30 June 1968) * Vietnamese Counteroffensive Phase V (1 July – 1 November 1968) b. The Republic of Vietnam Campaign Medal with Device (1960) was awarded by the Government of Vietnam to all members of the Armed Forces of the United States for qualifying service in Vietnam during the period 1 March 1961 through 28 March 1973. Qualifying service included assignment in Vietnam for 6 months or more. 3. Department of the Army Pamphlet (DA PAM) 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in the Republic of Vietnam. During the period in which the applicant was assigned to 632nd Maintenance Company, his unit was cited for the Meritorious Unit Commendation for the period from 20 January 1967 to 30 November 1968 by Department of the Army General Orders (DAGO) Number 60, dated 1969. 4. DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973. DISCUSSION: 1. He served honorably from 11 February 1966 to 13 September 1968. He served in Vietnam for 1 year, 7 months and 13 days during five named campaigns. He attained the rank/grade of SP4/E-4 and received "excellent" efficiency and conduct ratings throughout his military service. His records contain no derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal. He appears to have met the criteria for award of the Army Good Conduct Medal (1st Award). 2. The applicant's DD Form 214 omitted his authorized service and campaign medals. A review of the regulatory criteria and his DA Form 20 shows he met the criteria for the following awards: * Vietnam Service Medal with one silver service star * Vietnam Campaign Medal with Device (1960) 3. His assigned unit in the Republic of Vietnam was awarded the following unit awards by DAGOs and these awards were omitted from his DD Form 214. * Meritorious Unit Commendation * Republic of Vietnam Gallantry Cross with Palm Unit Citation //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160018140 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018140 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2